July 28, 2008

Status of After-the-Fact Transfers and Licenses of Copyright Uncertain in Second Circuit

The U.S. Court of Appeals for the Second Circuit issued a ruling in late 2007 invalidating certain after-the-fact licenses and agreements transferring copyright ownership. Although the scope of the decision in Davis v. Blige is unclear and many expect the court to clarify its ruling, the court's sweeping conclusion that “a license or assignment in copyright can only act prospectively” casts doubt on the current enforceability of agreements entered after-the-fact.

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